Question 9 from UPSC CSE 2021 - Polity & Governance

Question

Consider the following statements:
1. In India, there is no law restricting the candidates from contesting in one Lok Sabha election from three constituencies.
2. In 1991 Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies.
3. As per the existing rules, if a candidate contests in one Lok Sabha election from many constituencies, his/her party should bear the cost of bye-elections to the constituencies vacated by him/her in the event of him/her winning in all the constituencies.
Which of the statements given above is/are correct?

Accepted Answer

Correct Option: B. 2 only

Strategy: - Recall the statutory limit for contesting from multiple constituencies under Section 33(7) of the Representation of the People Act, 1951, which restricts candidates to two seats. This confirms statement 1 is incorrect.
- Verify the historical fact for statement 2 regarding Devi Lal contesting from three constituencies in 1991, which was permissible at the time. This confirms statement 2 is correct.
- Assess the claim in statement 3 about parties bearing the cost of bye-elections. Recognize that this is a reform proposal, not current law, thus the statement is incorrect.
- Conclude that only statement 2 is correct.

Key Info: **Background**

**Section 33(7) of the Representation of the People Act, 1951** currently stipulates that a person cannot contest from more than two parliamentary constituencies in a single general election. This provision was introduced via an amendment in 1996; before this, there was no statutory cap on the number of constituencies.

A key historical example is **Devi Lal**, the former Deputy Prime Minister, who contested from three constituencies during the **1991 Lok Sabha elections**. This was legally permissible at the time, as the two-constituency limit did not yet exist.

The practice of contesting from multiple seats has been criticized for leading to unnecessary bye-elections and increased public expenditure. While the **Election Commission of India** and various reform committees have recommended further restrictions or requiring candidates to bear the costs of resulting bye-elections, no such rule is currently in force. The expenses for bye-elections are funded by the public exchequer. These issues remain part of ongoing electoral reform debates in India without statutory backing.

Answer

Option A: 1 only

Answer

Option C: 1 and 3

Answer

Option D: 2 and 3